Legal Affairs

Welcome and Housekeeping (2:00 - 2:05 pm)

I. Negative Option Programs: Trends and Traps to Avoid (2:05 - 2:50 pm)
This session will provide an overview of the legal landscape and key takeaways in light of federal law and rulemaking, new state requirements, and recent enforcement actions surrounding “negative options.” (Negative options are commercial transactions in which sellers interpret a consumer’s failure to take an affirmative action as assent to be charged for products or services, such as in continuity plans, automatically renewing subscriptions, and free trial conversion offers.) Federal and state regulators have been focusing on the negative option landscape and a raft of new laws, and changes to existing laws, have followed.

Speakers:
Matthew Vittone, Counsel, Advertising, Marketing & Public Relations Group, Frankfurt Kurnit Klein & Selz PC
Jordyn Milewski, Associate, Advertising, Marketing & Public Relations Group, Frankfurt Kurnit Klein & Selz PC
Katelyn Patton, Associate, Advertising, Marketing & Public Relations Group, Frankfurt Kurnit Klein & Selz PC

II. What’s New in Promotions? Developments in Sweepstakes, Charitable Promotions, Gift Cards, Loyalty Programs, and Other Promotions Topics (2:50 - 3:35 pm)
While the advertising trade publications have been full of articles about artificial intelligence, privacy, and influencers, marketers continue to use traditional techniques for promotion, like sweepstakes, gift cards and credits, charitable promotions, and loyalty programs. This session will discuss new laws and cases regulating such promotion techniques, as well as the legal issues raised when promotions integrate cutting-edge technologies like AI, augmented reality, and CGI influencers.

Speakers:
Melissa Steinman, Partner, Venable LLP
Shannon Sansom, Associate, Venable LLP

III. New Decisions in the NAD and Federal Courts for “100%,” “Made in the USA,” and “Best” Advertising Claims (3:35 - 4:05 pm)
Important decisions have issued through the NAD and in the Federal Courts in the first half of 2024, addressing advertising claims related to the use of “100%,” “Made in the USA,” and “Best” for consumer products. This session will discuss these decisions, the consequences of improperly made claims, and will also feature tips and best practices for advertisers to keep in mind while contemplating the assertion of such claims.

Speakers:
Cathleen Dahl, Associate, Dorsey & Whitney LLP
John Mixon, Associate, Dorsey & Whitney LLP